Supreme court has ruled that warrantless phone search at the border is bogus, but theyre too shitpantsed to stick with it
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Not if you live within the jurisdiction of the 4th Circuit. The court “ruled that a lower standard applies to manual searches, allowing the government to conduct extraordinarily invasive electronic device searches without any suspicion of wrongdoing, simply because the border officer chooses to search by hand rather than with a forensic tool.”
Does this apply to non-US citizens as well?
You mean slave/s?
this is what peak democracy™ looks like, dont be fooled
What is the charge, eating a meal? A succulent Chinese meal?
This is yesterday’s news. Destroying evidence is a crime in a lot of jurisdictions. With that in mind, I don’t understand how somebody who apparently uses Graphene OS didn’t bring an empty burner when crossing one of the most notorious borders in the world.
Which isn’t to say that the laws that require you to unlock your phone and that throw you in jail if you securely wipe it aren’t hostile and inhumane.
How are they supposed to know there was evidence on it? I’m allowed to delete my files, aren’t I?
i think it would have been different if he wiped it before he came through customs. he gave them the pin, which destroyed the data after it was requested. almost like the phone was boobytrapped.
personally i just try to delete most of my communication apps on the plane before i get back to the states (signal, lemmy, instagram…) in case they want to search my phone and get mad about a meme. (precident). i also try to offload as much as possible to selfhosted apps where applicable (rss reader, podcasts) so i can just log back in and have everything.
i dont know how far these searches can go, but id be worried about password managers and app store history too along with any account where you can just “log in with google” or whatever. once the device is unlocked and in their hands, they can have access to quite a bit of personal information.
i bet theyre just pissy this technology exists and are trying to make it illegal.
Not if you’re given a Lawful Order ™ to produce that material. Whether or not that material is incriminating is irrelevant.
I’m no lawyer, but I think that’s called circumstantial(ly improbable). Try convincing a jury of that. 🥲
They aren’t but it is the same as if you have been accused of murdering some one and you burn the car you are accused of moving the body to the river in.Edit: I am not saying i think its how i should work but its the logic behind itThey didn’t accuse him of anything, and let him go afterwards. This was an illegal search attempt.
Not quite. If you know or shouldreasonabley believe someone is about to arrest you or sue you, depending on the circumstances, judges can tell juries to assume the erased data would show something bad. But it depends on the details.
Except that this person wasn’t accused or even suspected of a crime.
If I understand correctly they didn’t actually delete anything it just shreds the encryption keys so it can’t be accessed. Idk if the difference matters a whole lot though.
No it wipes the data from the phone
GrapheneOS provides users with the ability to set a duress PIN/Password that will irreversibly wipe the device (along with any installed eSIMs) once entered anywhere where the device credentials are requested
Very interesting! I’d like to ask a lawyer how they think the courts would view that. The data is intact, just not decryptable. 🤣
That is a distinction without a difference. Either way the once accessible data can no longer be accessed any longer.
In order to be convicted of destroying evidence, there needs to be proof that there was “evidence” on the phone in the first place.
If something on the phone is already known without doubt, then what’s the need for access? if there is doubt at the time of the wipe then there is no proof or destroying evidence. 🤷♂️
I cross the US border every few months.
Stopped carrying a laptop, still crossing the border with a graphene phone, tho.
You have to carry a piece of paper in your wallet that contains a PIN. The piece of paper contains no further information, just a PIN. You decline to answer any questions regarding this piece of paper or your phone’s PIN.
This might not be a good idea, depending on your jurisdiction.
Or just set it to your mmddyy or something typical for weak passwords
I’m not going to disclose my specific way, but numbers don’t need decimal digits to be expressed and parsed. An hypothetical example:
Oh… ye shadow! Nahamah, my Mother
Believe it or not, this is encoding the today’s date, 2026-07-26.
Oh = 2 letters
Elipsis = no letters, so 0
ye = 2 letters
shadow = 6 lettersNahamah = 7
My = 2
Mother = 6The funny part? I just conjured this technique during the composition of this very reply. It’s somehow easy for me to conjure atypical steganographic techniques, and I use steganography quite often IRL. In this way, I can literally write down my passwords and keep in my wallet, and absolutely nobody will get to figure out it’s meant to be a password.
Luckily for FBI and other investigation agencies, I dont even think of visiting the USA, but good luck for any fed or cop trying to keep up with my plethora of steganographic techniques (and my neurodivergent brain) amidst plausible deniability if I ever did. Lol
You can have a business card with a "phone"number on it. (Your pin can be any part of that number it is only you who needs to know where to start reading the code). You don’t need to have a sus number only piece of paper. :)
The point is that the cops would find and enter the pin.
It’s the wipe pin.
They wiped it, not you.
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What they don’t believe is that it has started decades before Trump
If the phone’s security prevents them from accessing information, then they have no information. How can they prove there was any information on it to begin with?
They just accuse you of withholding evidence. Yay for freedom of speech.
@SupremeDonut@lemmy.ml the courts already decided that it was okay to jail people for literal years for not providing a password: https://en.wikipedia.org/wiki/United_States_v._Rawls
and there are more:
- United States v. Fricosu
- United States v. Doe (2012)
- United States v. Kirschner
Jfc. Next you’ll be jailed for not having a phone
That’s fucking wild.
And old.
This has been a thing for decades but too few noticed and many more will stay unaware unless it bites them.
I assume all PC users are also on watchlists because they can run Linux or BSD too? Even if they haven’t erased Windows yet?
That was a court order though. If there is no court order and no warrant, they shouldn’t be snooping through anything.
the courts have decided that all ports of entry – including airports – are constitution free zones; meaning that the constitution does not apply there.
as a result most americans – 2/3rds of them – live in places where the constitution does not apply to them.
Yeah, this is bananas. Especially when Antifa is labeled as a terrorist group and they say all of us are Antifa
And that person is the officer that destroyed the evidence
BS. It’s a claim from last year and not only in Spain, that criminals often use encrypted phomes (logical), among others, Graphene OS, but also iOS and Android. Not that all who use encrypted devices (or message apps) are criminals, which due the amount of these devices result absurd to say. As often, periodists write and share half understood news. In Spain as also in the rest of the EU, phones and messages of individuals can only be intercepted by the police with a court order in a criminal investigation, not globaly like in the US. There may be cases when an individual under criminal investigation deletes incriminating messages, which can be punished for concealment of evidences.
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What a coincidence that it was the guy protesting the police who was also suspected of possessing such materials. If it turns out they had real independent grounds to suspect he had such images, I’ll change this view, but for now I assume that’s the cops’ standard line to shut down people’s questions. Just say they thought the political target had CSAM, and immediately people see him differently, plus the police can accuse anyone who challenges their actions of supporting pedophiles.
They implied that based on his use of grapheneOS/erasure of the device. In reality he is a Stop Cop City activist. The fascists just want to associate good privacy and security practices with criminality and depravity.
